Building process

Developer

The developer is the party that, on its own behalf, performs or contracts another party to perform project design, construction, demolition or ground works. The developer need not be a natural person, but may also for example be a legal entity, such as a company, a tenant owner association, a municipality or another authority.

A developer may be a layman as well as a professional actor.

Developer's responsibilities

The developer shall ensure that all construction, demolition and site improvement measures are carried out in accordance with the requirements that apply for the measure. This also applies if the measure does not require a building permit or notification. The requirements referred to are in the Planning and Building Act and its regulations. The requirements may also be in decisions that have been announced pursuant to the law or its regulations. Regulations refer to the Planning and Building Ordinance and regulations that the Swedish National Board of Housing, Building and Planning (Boverket) has announced pursuant to authorisation, such as the Boverket's building regulations (BBR) or Boverket's application of the European construction standards (EKS). Among other things, this means that the developer must ensure that permits are complied with and must await starting clearance before beginning work, and that the technical characteristic requirements are met. The developer must also ensure that inspections and reviews are done according to the inspection plan established in the starting clearance.

The developer must ensure that measures that do not require permits and that pertain to construction works, plots or public spaces, are implemented so that they do not conflict with the detailed development plan or the area regulations that apply for the measures. Some of the building permit exempt measures may, however, be implemented in conflict with the detailed development plan or area regulations. According to the Planning and Building Act a construction works is a building or other facility.

The developer can also have obligations according to other laws, ordinances and regulations.

Inspection plan requirements

There must be an inspection plan for most construction and demolition measures subject to permit or notification. The inspection plan shall indicate what is to be inspected in the course of the work. The developer is responsible for preparing the inspection plan. The local building committee establishes the inspection plan in the starting clearance. If an inspection manager is required, he or she shall help the developer prepare the inspection plan.

The inspection plan

An inspection plan is a document that contains a compilation of the inspections needed to ensure that the society's requirements for the measure are met. The inspection plan is often a checklist which states what is to be inspected, who is to conduct the inspection, how and when the inspection is to be done, what the inspection results are to be compared with and how the results are to be presented. These inspections can be carried out either within the framework of the developer's documented self-inspection or by a certified expert.

The control plan shall be adapted to the circumstances of the individual case, which means that it shall be object-specific and have the structure and degree of detail necessary to ensure that:

• essential technical requirements are met
• the prohibition on distortion is followed
• the requirements on caution are followed.

If the inspection plan concerns demolition measures, there shall be information on what hazardous waste the measure can give rise to, and how hazardous waste and other waste will be taken care of.

Inspection manager

The main rule is that there shall be one or more inspection managers for measures that require building permits, demolition permits, site improvement permits or notification. However, there are exceptions to when an inspection manager is needed.

No inspection manager is needed for certain basic measures, as in relatively uncomplicated matters where the developer is deemed to be able to meet its responsibilities without support of an inspection manager. However, the building committee can decide that an inspection manager is required, except for measures that do not require permits or registration. The building committee's assessment of whether the inspection manager is required may not be appealed.

An inspection manager must be certified by an accredited certification body. An inspection manager must also have an independent standing in relation to the developer or contractor of the measure that is to be inspected. Among other things, this means that the inspection manager and the people implementing the measures to be inspected cannot work in the same company. However, they can work in the same corporate group.

The inspection manager's role

The inspection manager shall help the developer prepare an inspection plan for the measure in question. For demolition measures, the inspection manager shall help with the inventory of both hazardous waste and other waste. While it is the developer's responsibility to ensure that the requirements in the Planning and Building Act are met and that inspections are performed to a required extent, the inspection manager must ensure that the inspection plan and applicable regulations and conditions for the measures are followed and that necessary inspections are performed. If any deviations from regulations or conditions announced by the local building committee are made, the inspection manager must notify the developer and when necessary notify the building committee.

The inspection manager must be present at technical consultations, inspections and the building committee's work site visits. The inspection manager must also document his or her work site visits and note observations that may be of value in the evaluation prior to the final clearance. The inspection manager must also issue a statement to the developer and the building committee as a basis for the final clearance.

Technical consultations

In some matters, a technical consultation shall be held with the building committee. The consultation reviews the planning and organisation of the work, the inspection plan and other documents needed for the building committee to be able to assess if a starting clearance can be issued.

When a permit has been decided or a notification received, the building committee shall convene a technical consultation as soon as possible if:

• the measure requires an inspection manager
• a technical consultation is clearly unnecessary
• the developer has requested a technical consultation.

The building committee shall send a convening notice to the developer and the inspection manager(s). The convening notice shall also be sent to those who should be given an opportunity to participate in the consultation or in the building committee's assessment according to Chapter 10 of the Planning and Building Act.

When any of the measures addressed during the technical consultation require permits by or notification with any other authority, the building committee shall notify the developer of this. The building committee shall keep minutes of the technical consultation.

Matters without technical consultation

The building committee shall provide a starting clearance already in the permit decision, or as soon as possible thereafter, if no technical consultation is needed. The same applies when a notification has been submitted and it contains all necessary information needed to decide on a starting clearance. If all documents have not been received, the building committee shall order the developer to submit them. If the measures to which the permit or notification relates requires a permit from another authority, the building committee shall inform the developer of this.

Completion protection

When a consumer engages a business operator to carry out certain work on a single or two-dwelling house, there must in some cases be completion protection. Completion protection is an insurance or bank guarantee that is intended to help the developer in the capacity of consumer if the contractor for example declares bankruptcy or for some other reason cannot fulfil its commitments. Completion protection is not needed for buildings that are not single or two-dwelling houses.

Pegging out and position check

For the building permit application or notification, there is in most cases a site plan or a new construction map with the planned measure drawn in. The site plan or new construction map shall present the outer measurements of the building or facility, the height situation and distance to plot boundaries. Pegging out means that what is drawn on the site plan or new construction map is marked out on the ground, and thus shows where the planned measure will end up on the plot. Pegging out is sometimes called setting out.

Pegging out is done before the construction works are begun and means that the location of a new building, extension or other facility is marked out on the ground. The height is often also marked out, such as the height of the finished floor, in connection with pegging out. In order to check that the measures have ended up at the intended place in level and height, a position check may also be done when the measure has begun or is done. The developer is always responsible for a measure ending up in the right place, regardless of whether a building permit or notification is needed or not.

Starting clearance

A measure that requires a building permit, demolition permit, site improvement permit or notification may not begin until the local building committee has issued a starting clearance. In order for the building committee to decide if the measure can be assumed to meet the requirements, the developer must submit a draft inspection plan and the technical documents that are needed for the assessment in addition to the application documents.

In the starting clearance, the building committee shall:

• determine the inspection plan that is to apply for the measures
• determine the conditions for starting the measures if such conditions are necessary
• determine the conditions and approximate time for pegging out if pegging out is necessary
• determine what documents shall be submitted to the committee prior to the decision on final clearance
• provide information on requirements according to other legislation, if such information is necessary.

If the building committee assesses that the construction works may be brought into use before the final clearance is issued, the building committee shall especially decide this in the starting clearance.

A starting clearance shall not be issued if the building committee doubts the developer's self-inspection or fears that the technical requirements will not be met. The developer has the possibility to request a starting clearance even though the building committee assesses that all conditions are not met. The building committee may then decide on a refused starting clearance. The applicant or notification submitter in the matter then has the possibility to appeal the decision.

Starting clearance period of validity

The validity period of the starting clearance for a matter subject to permit has the same validity period as the permit. This means that if the measure is not started within two years and completed within five years from the date the permit gained legal force, it expires. The starting clearance for a matter requiring notification, such as installation of a fireplace, expires two years after it was issued.

Work site visits by the building committee

In most cases, the building committee shall at least once visit the site where the measures are carried out. The need for the building committee to make work site visits shall be reviewed at the technical consultation. What work site visits should be made and when they should take place should be noted in the inspection plan. The building committee shall document work site visits.

Supplemental conditions

The building committee may decide on supplemental conditions in addition to those stated in the starting clearance. If need for certain conditions could not be foreseen when the starting clearance was issued, a decision on supplementary conditions may be made for construction or demolition measures or for the inspections if such conditions if needed to meet the requirements according to the Planning and Building Act or the regulations announced pursuant to this act.

The building committee may decide on supplemental conditions, for example if serious shortcomings are discovered in the work site visit. Decisions on supplemental conditions can be appealed.

Final consultation

When construction measures covered by a technical consultation are concluded, a final consultation shall be held before the final clearance is issued unless clearly unnecessary. The final consultation shall normally be held on the site where the construction measures have been conducted. The final consultation reviews for example:

• the fulfillment of the inspection plan and how other terms and supplemental conditions in the starting clearance have been followed
• if deviations have been made from the requirements that apply for the measures, for example the building permit or technical requirements
• the documentation from visits to the work site by the inspection manager and the building committee
• the statement of the inspection manager
• the prerequisites for a final clearance.

The building committee shall document the final consultation meeting.

Final clearance

A final clearance is required for all measures covered by a starting clearance. In order to obtain a final clearance, the developer must show that all requirements that apply under the permit, inspection plan, starting clearance or decision on supplemental conditions are met and that the building committee does not assume there to be reason to intervene with an inspection.

The developer may normally not put the construction works into use until the building committee has issued a final clearance. This means that there is an automatic prohibition on use until a final clearance has been issued. However, in the starting clearance, the building committee may decide that a construction works may be brought into use in part or in whole without a final clearance or interim final clearance. If the building committee decides that the structure may be brought into use without a final clearance, it does not mean that the requirement on a final clearance disappears. Once the measures have been completed, the building committee shall as soon as possible review if a final clearance can be issued.

Implications of the final clearance

The final clearance is partly a declaration that the building committee considers the measures to be completed and partly a decision that the construction works may be brought into use. The final clearance means that the committee assesses that the measure can be assumed to meet the requirements and conditions that apply for the measure. The building committee can in a later phase intervene with an inspection if it comes forth that requirements and conditions in the planning and building legislation or various decisions have not been complied with. A final clearance does not mean that the building committee takes responsibility for or decides whether or not the measures meet all requirements in the planning and building legislation. It is the developer that is solely responsible for fulfilling these requirements.

What happens if the developer does not meet the requirements for final clearance

If the developer does not meet the requirements and conditions that apply to obtain final clearance, the building committee should give the developer an opportunity to meet them. If the developer still does not meet the requirements and the condition to obtain a final clearance, the building committee has different action alternatives:

• decide to not issue a final clearance
• issue a temporary, so-called interim, final clearance
• issue a final clearance with a remark.

The building committee may issue a final clearance if there are minor deviations. The building committee shall in the final clearance make the remarks necessary due to the deviations.

If a final clearance cannot be issued because a major deviation needs to be remedied, or because an inspection needs to be made in a later phase, the building committee may issue an interim final clearance. Examples of inspections that may need to be carried out at a later phase are a follow-up energy inspection or a radon inspection, both of which require measurements over a longer period of time.. The building committee shall in the interim final clearance state the extent to which the construction works may be brought into use. The committee should also clearly state what is necessary for the developer to obtain a final clearance. Once the deviation is remedied or the inspection is done, the committee shall review the issue of a final clearance.

If the building committee decides to not issue a final clearance or interim final clearance, the committee must also assess whether it is a proportional measure. This is of major importance since a refused final clearance can have far-reaching consequences for those involved. A decision must in each individual case consider both the consequences to the individual and the public interest in that the measures meet the requirements from safety, environmental and health perspectives.

A decision to not issue a final clearance should contain information that the construction works may not be brought into use. The building committee's decision not to issue a final clearance may be appealed.

Inspection

Inspection is a review that takes place after the construction works has been taken into use and the aim is to identify any faults or errors that are to be corrected. The supervisory authority under the planning and building legislation is primarily the local building committee. The building committee is obliged to take up the issue of intervention and sanctions as soon as there is reason to assume that somebody has not complied with a regulation, a ruling or other decision.

The building committee shall charge a construction sanction fee for certain violations of the planning and building legislation, such as a measure requiring a permit or notification beginning without a starting clearance or a building being brought into use without a final clearance. The building committee can also decide on various kinds of injunctions to achieve correction or an implementation of a certain measure. The building committee can also decide on a prohibition against continued work, measures or use.

If an injunction or prohibition is not complied with, the building committee can use various means of enforcement, such as contingent fines or judicial assistance to ensure compliance to the injunction or prohibition.

To carry out its supervisory work, the building committee has the right to gain access to properties and construction works and to implement the measures necessary for its work on the site. The building committee also has the right to receive the information and documents needed to be able to perform its supervisory work from the developer.

Fees

The building committee may charge fees for decisions on starting clearance and final clearance. The building committee may also charge fees for technical consultation, final consultation, work site visits and other inspection visits to the work site. The local building committee in the municipality where the measure is to be implemented can provide information about the fees applicable in the municipality.

Appeals

Decisions on starting clearance, supplemental conditions or final clearance may be appealed. The appeal shall be sent to the local building committee, which decides if a reconsideration should be done and if the appeal has been received in due time. Then, the committee forwards the appeal and the documents in the matter to the county administrative board, which reviews the appeal. The county administrative board can then choose to change the building committee's decision or to reject the appeal.